4B, Radio Communications Agreement

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6.4 Canceliation of A eement for Default If either pariy fails to perfarm any material ter�n of ihis Agreenn.ent, it shalI constii�te a default. Unless SUBSCRIBER'S default is excused by COUNTY, COiJNTY may, upon written �otice, im�taediaieIy cancel #his Agreernent in its entirety. Default by SUBSCRIBER shall include, but is not iimited to, continued triisuse of the Subsystem, br�ach of Subsysietn data security, and iailure to pay in accordance with the provisions of this Agreement. Unless COUNTY'S default is excuse� by SUBSCRiBER, SUBSCRIBER may, upon thiriy (30) days' written notice, cancel this A�eement in its entireiy. Notwithstanding any pravisian o� this Agrecment to tlte contrary, the defauiting party shall not be relieved af liability io the other party for damages sustained by the non-defazslting party by virtue of any bceach of this Agreement by the defauliing party. The above re�edies shail be in additian to any other right or remedy available under law, statute, rule, and/or ec�uity. The failure to insist upon strict performance of any provision or to exercise any righi under this Agreernent s�all r�o� �e deemed a relinquishment or waiver af the same, u�less consented to in writing. Such consent shall not constitute a general waiver or relinquish�nent througt�out the entire tertn of the Agreement. 6.5 Actions U on Terminatian or Cancellatior� Upan expiration or cancetlation of this Ageetnent, SUBSCRIBER shall cease aIl use of fhe SubsysYern including usin� the Subsysiexn with radias own�d by SUB�CRIBER and SUBSCR]BER sha.11 deiete Code Plugs and encrypt�on key information fro�n the radifl memory as necessary to protect private data and prevent unauthorized access to the Subsystem information. 7. MERGER AND MODIFICATION 7.1 Entire A eement It is �nderstood and agreed ihat the entire Agreement between the parties is contained herein and that this Agreement supersedes aIl orat agreem�nts and negoiiations between th� parties relating to the s�bject matter heret�f. AI1 it�ms refert-ed to in this Agreement are incorporated or atiached and are deemed to be �art of this Agreement. 72 A�nertdments to A eerr�ent Any alterations, variations, tnodificatians, or waivers af pr�vfsions of t�is Agreement shail only be vafid when they have been reduced to wr[ting as an amendm�nt to this Agreement signed by authorized representat�ves of both parties. S. MISCELLA.NEOUS PRQVISIONS 8.1 Liabitity Each party agrees ihat it wzll i�e respons�ble for its own acts and the results thereof, to the extent anthorized by law, and shali not be responsible for the acts of the other party and the results tl�ereof C4UNTY'S Iiability is governed by the provisions of Minnesota Statutes Chapter 466. SUBSCRTBER's liability is subject to the provisions of applicabie Minnesoia statutes. 8.2 Data Privac SUBSCR�BER, its af�cers, agents, owners, partners, ernpioyees, volur�teers or subcontractors agree to abide by t�►e provisions of the Minnesota Government Data Practices Act, Mi�tesota Statutes, Chapter 13, and all other appiicable state and federal lar�rs, rEiles, regulations and orders relating ta data privacy ar confidentiality, and as any of the same may be amended. The responsible au#�ariiy for SUBSCRIBER is The responsibie aut�ority for COLJNTY is Mary Mahoney. 8b0 MHz Subsystezn Subscriber Agreemen# — City of Arden HiIls g a f�p